Proskauer - California Employment Law

Employers may face juries that seek to hold them responsible if an employee contracts COVID-19, the trial consulting firm Dispute Dynamics suggests in its latest study.

Dispute Dynamics surveyed 321 individuals, inquiring about their most up-to-date attitudes in the context of being called as a potential juror during/following the pandemic.

46% of the participants indicated that an employer should be held responsible if an employee contracts coronavirus in the workplace, while 26% of participants disagreed. Further, 41% of participants agreed that an important function of juries is to “send a message” to corporations to improve their behavior, while only 17% disagreed.

The study indicates that juries place a premium on employee safety – and a considerable amount of the jury pool places that responsibility squarely on employers’ shoulders.

A gentle reminder that in the face of this ongoing situation, employers might want to consider an alternative: Arbitration.

Read the full study here.

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